CPS & ADA

1. CPS & ADA Bebe Novich Director of ADA Policy Chicago Public Schools benovich@cps.k12.il.us 773-553-2158 EFE Consortium 12/6/06

2. A little background about me • I was born in a small town in New Jersey in 19-- . . . (actual photo of quaint home town)

3. 1990 Graduated From Law School

4. ’92: Moved to DC, Joined U.S. Department of Justice

5. Enforced the ADA • Worked in Disability Rights Section of the Civil Rights Division • Enforcing the ADA, just after it went into effect • 13 years

6. What I Did At DOJ: • Title I (employment): jurisdiction generally limited to public safety jobs • Title II (govt programs & activities): jurisdiction generally limited to DOJ subject areas: courts, police, fire, 9-1-1, prisons • Title III (private business): full jurisdiction

7. Special Areas of Focus • Directed US Atty ADA Work • Emergency Preparedness • Didn’t work on: Public Schools

8. 2005: Moved to Chi-town

9. May ’06: Joined Chicago Public Schools • Steep learning curve Chicago neighborhoods, history Public school systems

10. What I Do at CPS • New position: • Created b/c of the efforts of the disability community to get someone at senior level • Direct ADA Compliance & Policy District-Wide • Look at general bldg & accessibility • Look at IT, other policies

11. What I Don’t Do at CPS • ADA, Not Special Ed • Not with Office of Specialized Services • Not employment – Human Resources • Not CPS’ Legal Counsel

12. My Job: to Coordinate Overall ADA Policy & Procedures • Find out everything CPS is doing • Make sure it all complies with Title II of the ADA, Section 504

13. Title II’s Requirements • Accessible new construction & alterations of bldgs (State & City Code, too) • Program Access in pre-existing bldgs • Reasonable modifications of policies • Equally Effective Communication • Accessible IT • Self-Eval & Transition Plans *Board of Education policy requires us to procure accessible IT

14. Accessible IT • Mobility access: • Make sure computer labs are in accessible locations in schools (goes back to bldg access) • Accessible desk equipment under computers

15. Accessible IT • Procurement of accessible software, equipment • Working with CPS Office of Technology Services • Polices are good – require 508 compliance Our software complies with Section 508

16. Accessible IT (cont’d) • IT in the schools • Website access • Individual School websites • CPS main website

19. Program Access

20. It all starts with building access

21. Bldg Access vs. Program Access • Title II requires, for pre-existing, non-altered buildings (and generally), “Program Access” • Access to all programs & activities when viewed in their entireties • Doesn’t necessarily require each bldg to be fully accessible • Program Access can be achieved through relocation, assistive equipment or personal assistance

22. Charter/Contract Schools • Part of CPS Program Access req’t, also have their own ADA & 504 req’ts • CPS has been opening charter schools since ’97 • Ren2010 Program announced in 2004 – 100 new schools by 2010 (includes charter schools, contract schools, and “performance schools”

23. Types of Ren2010 Schools • Charter Schools – concept created and prescribed by state law • Run by outside non-profit organizations, largely autonomous and free from CPS rules & initiatives • CPS & Board of Ed make recommendations, but only the state can issue a charter • Limited # of charters – schools chartered b/f ’03 can open new campuses w/o a new state charter; after ’03, can’t

24. Contract Schools – CPS, not state creation • Run by outside organization under a contract w/CPS. Also independent from most CPS rules & initiatives. • CPS can start these w/o state authorization • No limit on the number of these • Buildings: Charter & Contract: can be housed in certain selected CPS bldgs or can find their own sites. Abt: 2/3 in independent sites; 1/3 in CPS sites.

25. Performance Schools: Created & run by CPS, not an outside org, though there is often an outside org affiliated with the school. No state involvement at all. • But they’re new schools – • sometimes have a subject focus (math & science academy) • sometimes have an educational method focus (Montessori, e.g.) • sometimes just a “turnaround” school (low performing school where CPS changed admin & staff, redid the programs/bldg, and is starting over from scratch, but with no particular focus • Must follow CPS employment rules & other initiatives • Are housed in CPS bldgs

26. Relevance of Different Types of Ren2010 Schools • Charter & Contract schools are operated by private non-profit orgs. Performance schools are not. • Why do we care? • Covered by ADA Title III and 504, not ADA Title II and 504. • Why is that important?

27. Title II & 504: both require “program access” in pre-existing schools – which allows a school to choose relocation instead of barrier removal • Title III requires “readily achievable barrier removal” which does not allow that choice. • Stronger emphasis on independent access under Title III

28. Readily Achievable Barrier Removal • If it is readily achievable to remove a barrier, org must do it. Cannot choose to relocate instead. • Why is Title II diff from Title III on this? • Caveat • Rider to Caveat

29. My Ren2010 ADA Program • Get legal standards straight II. Stronger Requirements in All Phases of Ren2010 Process & Better Enforcement A. When Groups Are Applying to Get Charters: • Require ADA compliance as condition of charter approval • Get better, more detailed ADA info in applications for new schools • New survey this year • Future: we’ll survey

30. B. After The School Has Been Approved • Review them annually, or more often if undergoing renovations • Get better, more detailed ADA info in charter renewal applications • Each charter undergoes renewal every 5 years • Going on right now – requiring ADA surveys

31. C. Throughout the Charter School Process: Training Out the Ying-Yang • Train them when they are considering applying – so they’ll choose accessible sites, understand their ADA expenses while planning budgets • Train them in the “incubation” period – after they are approved in Nov., before they open in Sept. • Follow the progress of their facilities after approval – any renovations they are undertaking; get them thinking about how to make programs & technology accessible

32. III. Survey Bldgs; Get More Access • Determine current level of bldg access • CPS sites – renovated or in current budget to be made accessible • Independent sites – have less information about these • CPS hiring architectural consultants dedicated to this purpose • Survey every bldg • Make bldg fix recommendations • Work out advance plan for program access – relocation or other alternate access methods where necessary as stopgap or where fix isn’t readily achievable • Outside orgs obtain financing for renovations

33. Rest of CPS Schools: Building Access • Figuring out what we have done up to now • How much $ have we spent • How have we made decisions about making ADA renovations 2. Figuring out what access we have • Figuring out what access we still need to achieve program access • Essentially: doing a new Transition Plan • Big Job: 630 school bldgs + administration bldgs

38. San Fran Plan – Plus • Info about visual alarms, tactile signage • More info about individual classrooms & other rooms • Plans in advance for accessible relocation sites • Info about whom to contact & when in case an activity needs to be relocated • Info about whom to contact for interpreters, alternate formats, other accommodations for parent/community functions

39. Sit with every principal to work out access to every room and event – make them think it out beforehand • Signage, web & hard copies of info at schools

40. Follow-Up • Maintaining Website Info – challenging • Semi-Annual Check on each school • New programs, changes to program locations • Building changes • Adding ADA component to CPS Accountability Reviews – SIPAAA • Principals fill out every year on all topics • Will ask detailed ADA questions • Schools get rated on SIPAAA responses

41. Ensuring ADA in All Programs, Activities, Initiatives • Meet w/each CPS Dept • Set up ADA Program Network of ADA reps in each dept, to notify of new initiatives in the pipeline for my review • Set up ADA Community Advisory Panel

42. Trainings, Trainings, Trainings • Each CPS Dept • Each charter school, CPS School principal, ind. schools upon request • Secret Training

43. This is about Civil Rights Integration Equal Opportunity Dignity

44. Conclusion: Enhancements • Internships/Credit Programs for CPS Students • Programs for students with disabilities to work in their career fields – sponsored by CPS • Programs for any CPS students – especially non-disabled – to work in the disability rights field

45. Awareness Initiatives, Competitions Murderball vs. Million Dollar Baby